DATE:  September 20, 1994  
CASE NO.:  94-ERA-8                         

IN THE MATTER OF            
                             
DAVID C. HOWE,                     
          COMPLAINANT,      
  
     V.                                 

AFFTREX, LTD.

     AND

MARTIN MARIETTA ENERGY
SYSTEMS,
          RESPONDENTS.


                   RECOMMENDED ORDER OF DISMISSAL

     David C. Howe, the Complainant, has withdrawn his complaint on the ground that
new counsel advised him to drop the case and "seek a different case against Afftrex LTD
only at a later date."

     Martin Marietta Energy Systems (MMES) has responded that it does not object to
dismissal of the complaint but requests as a condition imposed under Rule 41(a)(2) that
the granting of Complainant's motion is subject to a determination that the dismissal
precludes any further legal remedy against MMES under the ERA.  Afftrex stated it does
not resist dismissal of Howe's complaint.

     Rule 41(a) of the Federal Rules of Civil Procedure applies to the voluntary
dismissal of ERA complaints.  In view of the expiration of the limitations period further
complaints under the ERA are barred.  It is, accordingly, recommended that the complaint
be dismissed without prejudice.  See Stites v. Houston Lighting & Power
Company, Case No. 87-ERA-41 Secretary's Order of Dismissal (1989).

                         RECOMMENDED ORDER

     IT IS ORDERED that the complaint of David C. Howe be, and hereby is, dismissed
without prejudice.






                                                                                
        
                                   THEODOR P. VON BRAND
                                   Administrative Law Judge

TPVB/jbm


NOTICE:  This Recommended Order and the administrative file in this matter will be
forwarded for review by the  Secretary of Labor to the Office of Administrative Appeals,
U.S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Avenue, N.W., Washington, DC 20210.  The Office of Administrative Appeals has the
responsibility to advise and assist the Secretary in the preparation and issuance of final
decisions in employee protection cases adjudicated under the regulations at 29  C.F.R.
Parts 24 and 1978.  See 55 Fed. Reg. 13250 (1990).















                             SERVICE SHEET

CASE NAME:           DAVID C. HOWE V. AFFREX, LTD. & MARTIN
                    MARIETTA ENERGY SYSTEMS  

CASE NO.:                     94-ERA-8          

TITLE OF DOCUMENT:  RECOMMENDED ORDER OF DISMISSAL

I hereby certify that on September 20, 1994, a copy of the foregoing document was sent
to the parties and their representatives at their last known addresses listed below.



                                                                 
                                        Joan B. Mars
                                        Legal Technician

REGULAR MAIL

David C. Howe
135 Nesper Road
Oak Ridge, TN  37830

Edward G. Phillips
KRAMER, RAYSON, LEAKE,
  RODGERS & MORGAN
P.O. Box 620
Knoxville, TN  37901-6029

Jack H. McPherson, Jr., Esq.
204 Loveliss Street
Kingston, TN  37763

Charles Eason, Jr., Esq.
7910 Woodmont Avenue
Suite 600
Bethesda, MD  20814

Patricia L. McNutt, Esq.
Assistant General Counsel
Martin Marietta Energy Systems
P.O. Box 2009
Oak Ridge, TN  37831-8014

Monica Gallagher
Associate Solicitor
U.S. Department of Labor
Room N-2716
200 Constitution Avenue, N.W.
Washington, DC  20210

REGULAR MAIL

Administrator
Wage and Hour Division
U.S. Department of Labor - ESA
Room S-3502, FPB
200 Constitution Avenue, N.W.
Washington, DC  20210

George Friday
U.S. Department of Labor
Employment Standards Admin.
Wage & Hour Division
Airport Executive Plaza, Suite 511
1321 Murfreesboro Road
Nashville, TN  37217

Office of Enforcement &
  Compliance Monitoring
Environmental Protection Agency
401 M Street, S.W.
Washington, DC  20460

Director
Enforcement and Investigation
Coordination Staff, Region II
U.S. Nuclear Regulatory Commission
101 Marietta Street, N.W.
Suite 2900
Atlanta, GA  30323



REGULAR MAIL

Associate Regional Solicitor
2002 Richard Jones Road
Suite B-201
Nashville, TN  37215

CERTIFIED MAIL

Director
Office of Administrative
  Appeals
U.S. Department of Labor
Room S-4309
200 Constitution Avenue, N.W.
Washington, DC  20210